HomeMy Public PortalAboutOrd 1962 PDB Term LimitsORDINANCE NO. 1962
AN ORDINANCE AMENDING PLANNING AND
DEVELOPMENT BOARD TERM PROVISIONS AND
REGULATIONS; PROVIDING FOR AMENDMENT OF
SECTION 2-63 OF THE CODE OF ORDINANCES;
PROVIDING FOR AMENDMENT OF SECTION 3.01.02 OF
THE LAND DEVELOPMENT CODE; PROVIDING FOR
AUTHORITY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING
FOR LIBERAL INTERPRETATION; PROVIDING FOR
REPEAL OF CONFLICTING CODES AND ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS
FOLLOWS:
SECTION 1— AMENDING SECTION 2-63 OF THE CODE OF ORDINANCES.
Sec. 2-63. - Membership, vacancy, compensation.
(a) Membership. The board shall consist of five core members. All
members shall be residents of the city and will be appointed by a
majority vote of the City Council. The term of office for each
member shall be three years, or until a successor is appointed. The
term of office for the first two members appointed shall be two
years. Terms of office shall commence on the first day of April of
the year in which appointed. Successors appointed prior to the
completion of a term shall serve only for the remainder of the term
they are succeeding. In no case shall terms automatically extend or
additional terms be granted to a member without action by the City
Council.
(b) Ex officio members. In addition to the five members, there may be
two ex officio members. One may be selected by the Okaloosa
County School Board, and one may be selected by the Commander
at Eglin Air Force Base. Each ex officio member may participate in
all discussions of the Board in the same manner and to the same
extent as the other members of the Board. The ex officio member
may not vote. Each ex officio member may serve at the sole
discretion of their represented agency.
(c) Alternate members. In addition to the five members, two alternate
members may be appointed by a majority vote of the City Council
to serve as alternates for the term of three years, or until a successor
is appointed. The term of office for the first alternate member
appointed shall be two years. Successors appointed prior to the
completion of a term shall serve only for the remainder of the term
they are succeeding. In no case shall terms automatically extend or
additional terms be granted to a member without action by the City
Council. Alternate members shall be residents of the city. Alternate
members shall substitute for absent members on a rotating basis.
When substituting for an absent member, an alternate member may
vote and participate in all discussions of the Board in the same
manner and to the same extent as the other members of the Board.
Board members and alternate members shall be subject to any
forfeiture of office provisions of the Crestview Code of Ordinances.
Whenever an alternate member vacancy occurs on the Board, the
City Council shall fill the vacancy for the remainder of the term as
soon as practicable after the vacancy occurs.
(d) Vacancies. If a vacancy occurs on the Board as the result of a
resignation, death, or removal of a member, the senior alternate
member shall temporarily fill such vacancy without action by the
City Council, until the City Council appoints a successor regular
member. Any appointment made to fill any vacancy shall serve only
for the remainder of the term that was left vacant. In the event both
alternates have served for the same continuous period of time then
the alternate who is next scheduled to substitute for an absent regular
member according to the rotation schedule shall temporarily fill the
vacancy until the City Council appoints a successor. In the event that
the alternate member dies, resigns, is removed, or becomes a
member, the City Council shall promptly appoint a qualified person
to the unexpired term of the alternate.
(1) In the event a vacancy occurs on the Board; an alternate
member may apply to be a regular member in the same
manner as other applicants. In the event an alternate member
is appointed as a regular member, then such appointment
shall simultaneously terminate such person's position as an
alternate member. In that event, the City Council may then
appoint another person to fill the resulting alternate member
vacancy.
(e) Attendance. In the event any member should miss three meetings in
a 12 -month period without justification, they shall be considered as
resigned from the Board. In that event, the City Council may then
appoint another person to fill the resulting vacancy.
(1) Alternate members may be allowed to miss up to five
meetings in a 12 -month period without justification.
(2) In the event of an absence of any member, the chairman of
the Board shall determine if staff had any contact with the
absent member providing the reason for the said absence.
With that information the chairman shall ask for a motion
and to excuse or not excuse the absence.
(f) Compensation. Members of the Board shall receive no salary for
their services but may receive such travel and other expenses while
on official business for the city as are made available by the City
Council for these purposes.
SECTION 2 — AMENDING SECTION 3.01.02 OF THE LAND DEVELOPMENT
CODE.
3.01.02 - Membership, Vacancy, Compensation
A. Membership. The Board shall consist of five core members. All
members shall be residents of the city and will be appointed by a
majority vote of the City Council. The term of office for each
member shall be three years, or until a successor is appointed. The
term of office for the first two members appointed shall be two
years. Terms of office shall commence on the first day of April of
the year in which appointed. Successors appointed prior to the
completion of a term shall serve only for the remainder of the term
they are succeeding. In no case shall terms automatically extend or
additional terms be granted to a member without action by the City
Council.
B. Ex Officio Members. In addition to the five members, there may be
two ex officio members. One may be selected by the Okaloosa
County School Board, and one may be selected by the commander
at Eglin Air Force Base. Each ex officio member may participate in
all discussions of the Board in the same manner and to the same
extent as the other members of the Board. The ex officio member
may not vote. Each ex officio member may serve at the sole
discretion of their represented agency.
C. Alternate members. In addition to the five members, two alternate
members may be appointed by a majority vote of the City Council
to serve as alternates for the term of three years, or until a successor
is appointed. The term of office for the first alternate member
appointed shall be two years. Successors appointed prior to the
completion of a term shall serve only for the remainder of the term
they are succeeding. In no case shall terms automatically extend or
additional terms be granted to a member without action by the City
Council. Alternate members shall be residents of the city. Alternate
members shall substitute for absent members on a rotating basis.
When substituting for an absent member, an alternate member may
vote and participate in all discussions of the board in the same
manner and to the same extent as the other members of the board.
Board members and alternate members shall be subject to any
forfeiture of office provisions of the Crestview Code of Ordinances.
Whenever an alternate member vacancy occurs on the board, the
city council shall fill the vacancy for the remainder of the term as
soon as practicable after the vacancy occurs.
D. Vacancies. If a vacancy occurs on the Board as the result of a
resignation, death, or removal of a member, the senior alternate
member shall temporarily fill such vacancy without action by the
City Council, until the City Council appoints a successor regular
member. Any appointment made to fill any vacancy shall serve only
for the remainder of the term that was left vacant. In the event both
alternates have served for the same continuous period of time then
the alternate who is next scheduled to substitute for an absent regular
member according to the rotation schedule shall temporarily fill the
vacancy until the city council appoints a successor. In the event that
the alternate member dies, resigns, is removed, or becomes a
member, the City Council shall promptly appoint a qualified person
to the unexpired term of the alternate.
1. In the event a vacancy occurs on the Board; an alternate
member may apply to be a regular member in the same
manner as other applicants. In the event an alternate member
is appointed as a regular member, then such appointment
shall simultaneously terminate such person's position as an
alternate member. In that event, the City Council may then
appoint another person to fill the resulting alternate member
vacancy.
E. Attendance. In the event any member should miss three meetings
in a 12 -month period without justification, they shall be considered
as resigned from the board. In that event, the City Council may then
appoint another person to fill the resulting vacancy.
1. Alternate members may be allowed to miss up to five
meetings in a 12 -month period without justification.
2. In the event of an absence of any member, the Chairman of
the Board shall determine if Staff had any contact with the
absent member providing the reason for the said absence.
With that information the Chairman shall ask for a motion
and to excuse or not excuse the absence.
F. Compensation. Members of the Board shall receive no salary for
their services but may receive such travel and other expenses while
on official business for the City as are made available by the City
Council for these purposes.
SECTION 3 — AUTHORITY. The authority for enactment of this ordinance is section 166.021,
Florida Statutes, Section 2 of the City Charter, and the City of Crestview Land Development Code.
SECTION 4 — SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this
ordinance or the application thereof to any person or circumstance is held invalid or
unconstitutional, such finding shall not affect the other provisions or applications of this ordinance
which can be given effect without the invalid or unconstitutional provision or application, and to
this end the provisions of this ordinance are declared severable.
SECTION 5 — SCRIVENER'S ERRORS. The correction of typographical errors which do not
affect the intent of this Ordinance may be authorized by the City Manager or the City Manager's
designee, without public hearing, by filing a corrected or re -codified copy with the City Clerk.
SECTION 6 — ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be
liberally construed in order to effectively carry out the purposes hereof which are deemed not to
adversely affect public health, safety, or welfare.
SECTION 7 — REPEAL OF CONFLICTING CODES, ORDINANCES, AND
RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter
provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in
conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict.
SECTION 8 — EFFECTIVE DATE. This ordinance shall take effect immediately upon its
adoption.
Passed and adopted on second reading by the City Council of Crestview, Florida on the 26th day
of February 2023.
Approved by me this 26th day of February 202.
itten
ayor
ATTEST:
Maryanne S!� er
City Clerk